Foreign & International Legal Research Exercises Using Print Materials
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Current Sources of Codes and Legislation in Jurisdictions in the World
Maritime Law Handbook
Electronic Payment Systems and Money Laundering
A Guide to Official Gazettes and Their Contents
Global Prescriptions: The Production, Exportation, and Importation of a New
Legal Orthodoxy
Arab Comparative & Commercial Law: The International Approach
Modern Legal Systems Cyclopedia
Digital Anonymity and the Law: Tensions and Dimensions
Doing Business in Asia
International Insolvency
Martindale-Hubbell International Law Digest
Global Corporate Tax Handbook
Patents Throughout the World
International Encyclopedia of Comparative Law
Germain’s Transnational Law Research
The Europa World Year Book 2008
Mixed Jurisdictions Worldwide
Whose Body Is It Anyway?
International Criminal Accountability and the Rights of Children
Indigenous Peoples’ Land Rights under International Law
The UNIDROIT Principles in Practice
The Parliament of Man
Obeying Orders
Space as a Strategic Asset
Law in Radically Different Cultures
The Right of the Child to Religious Freedom in International Law
The Future of Reputation: Gossip, Rumor, and Privacy on the Internet
Legalizing the Holocaust – The Early Phase, 1933-1939
The Insanity Defense, The World Over
Genetic Testing and the Criminal Law
Introduction to Modern Hindu Law
Trafficking in Human Beings
Principles of Cybercrime
International Law & the Environment
Guide to Foreign and International Legal Citations
Global Medium, Local Laws: Regulating Cross-Border Cyberhate
Beyond Open Skies: A New Regime for International Aviation
Rules of Origin in International Trade
Bilateral Investment Treaties
Comparative Media Law and Ethics
The Expert Witness in Islamic Courts
Letters of Credit and Bank Guarantees under International Trade Law
Transnational Litigation in Comparative Perspective
NOTE: Do only one (1) of the following 8 exercises using Reynolds & Flores,
Current Sources of Codes and Legislation in Jurisdictions in the World
1. You need to find a brief general discussion in English of Brazilian government
policies affecting currency controls and capital transfers. Where does Reynolds &
Flores suggest that you seek this?
Exchange Arrangements and Exchange Restrictions and World Guide to Foreign
Exchange Regulations
Path to find it: “Brazil” > “Subject Arrangement” > “Currency Control and
Foreign Exchange Regulation”. A search of WorldCat and the SMU Library
Catalog confirms that the SMU Law Library has both of these, although the latter
one is now called “Guide to Foreign Exchange Regulations” rather than “World
Guide to Foreign Exchange Regulations”.
2. You need to find English versions of petroleum concession agreements between
the Egyptian Government and major foreign-invested companies. Where does
Reynolds & Flores suggest that you seek these?
Petroleum Legislation (North Africa).
Path to find it: “Egypt” > “Subject Arrangement” > “Petroleum”. A search of the
SMU Library Catalog confirms that the SMU Law Library has this in both print
and electronic formats.
3. You need to find an English translation of the Code of Criminal Procedure of
South Korea. What two sources does Reynolds & Flores suggest for finding this?
(1) Current Laws of the Republic of Korea and (2) 4 Statutes of the Republic of
Korea
Path to find it: “Korea, South” > “Major Publications” > “Major Codifications” >
“Code of Criminal Procedure”. A search of the SMU Library Catalog confirms
that the SMU Law Library has this in print format.
4. You need to find an English translation of Uzebekistan’s 1991 laws and
regulations regarding the prevention of AIDS. What source does Reynolds &
Flores suggest for finding these?
19 Annual Review of Population Law 404.
Path to find it: “Uzebekistan” > “Subject Arrangement” > “Health”. A search of
the SMU Library Catalog confirms that the SMU Law Library has it in both print
and electronic (via Hein Online) formats.
5. You need to find information in English regarding the rules applicable to
compensation claims for personal injuries sustained in accidents in Mexico under
relevant Mexican state and federal legislation. What source does Reynolds &
Flores suggest for finding this?
9 Inter-American Trade Report Nos. 10 and 11 (2002).
Path to find it: “Mexico” > “Subject Arrangement” > “Personal Injury” >
“Obligations”. A search of the SMU Library Catalog confirms that the SMU Law
Library has this in print format.
6. You need to find an English translation of the 1999 Trade Competition Act of
Thailand. What source does Reynolds & Flores suggest for finding this?
53 Royal Thai Government Gazette no. 6 (Jun 99).
Path to find it: “Thailand” > “Subject Arrangement” > “Antitrust and Trade
Regulation (Unfair Competition)”. A search of the SMU Library Catalog shows
that the SMU Law Library does not have the Royal Thai Government Gazette in
any format. A search of WorldCat shows that the following 9 academic libraries
in the United States have it: California-Berkeley, Columbia, Cornell, Harvard,
Hawaii, Michigan, Northern Illinois, Washington, and Yale. As an SMU law
student, there is a possibility that you could obtain this by making an inter-library
loan request (see instructions at the Underwood Law Library’s website).
7. You need to find an English version of the 2002 law in Albania regulating air
pollution and air quality. What source does Reynolds & Flores suggest for
finding this?
Albania Ministry of Environment website: http://www.moe.gov.al.
Path to find it: “Albania” > “Subject Arrangement” > “Environmental
Protection”.
8. You need to find an English translation of Moldova laws regarding Moldovan
citizenship. What source does Reynolds & Flores suggest for finding this?
The website of the U.N. High Commissioner for Refugees at:
http://www.unhcr.md/legal.htm.
Path to find it: “Moldova” > “Subject Arrangement” > “Citizenship and
Nationality (Aliens)”.
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NOTE: Do as many of the following exercises as you wish, in any order you wish.
9. According to this book, under applicable Chinese law, can a vessel which is
owned 50% by a Chinese individual or legal entity and 50% by a foreign (nonChinese) individual or legal entity be allowed to fly the flag of the People’s
Republic of China?
Yes, if the ownership of the vessel is through a joint venture between the Chinese
party and the foreign party.
Path to find it: In the section on the People’s Republic of China, find “Part II.
Flag and Registration of Vessels and Mortgages on Vessels”. Section 1.4
(“Registration and flag”) states: “Under the RSR (Regulations of the People’s
Republic of China Regarding Registration of Ships), which specifically deals with
vessel registration and mortgage registration, a vessel is not allowed to fly the
Chinese flag unless she has been duly registered in accordance with Chinese law”.
Section 2.2(b) states: “…in the case of a joint venture between Chinese and
foreign parties, the shareholding of the Chinese shareholder shall not be less than
50 percent”.
10. According to this book, what are the three (3) major initiatives in the field of
international police cooperation with respect to electronic payment systems and
international money laundering in Europe?
Interpol, the Schengen Agreement and Convention, and Europol.
Path to find it: Look in the Table of Contents to find “Chapter 4: Money
Laundering” and then “4.4.6: International Police Cooperation”. Section 4.4.6
begins on page 105, where the three initiatives are mentioned in the first sentence
of this section. The initiatives are described on pages 106-110.
11. What is the title of the Official Gazette of Thailand? Are court decisions included
in it? Does it have a subject index?
Ratkitchanubeksa. No. Yes.
Path to find it: By country, alpahebetically.
12. In your own words, please briefly describe what you think that this book is about.
What is the common theme tying together the individual essays that comprise this
book?
(Subjective – I would describe it as a collection of essays on the “globalization”
of legal doctrines that predominate in the West, with a critical point of view).
Path to find it: Need to read the table of contents, introduction, and skim through
the book.
13. In your own words, please briefly describe one of the transnational law issues
discussed in this book.
(Many possible – one example is the enforcement of a foreign arbitral award in
Syria.)
Path to find it: Browse the book. The example I gave is found on pages 266-267.
14. According to the relevant section of this book, does customary international law
provide for a right of land-locked States to be afforded a certain reasonable degree
of access and transit to the open sea?
No.
Path to find it: Look in the Table of Contents under “General Studies – (B) Law
of the Sea”. Find “Section Six: The Land-Locked States and Their Rights of
Access to and from the Sea and of Transit Across Intervening Sovereignties in
International Law”. The section begins on page 5A.260. The answer can be
found in Section 1.5 (“Conclusion”): “As a general comment upon the foregoing
arguments, it is fair to conclude that a firm right of access and transit does not
exist at customary international law”.
15. Based on your quick overview of this book, which jurisdiction appears to be more
generally supportive of the concept of a “right to anonymous speech” – the United
States or the European Union? On what do you base your conclusion?
Hard to say – but, perhaps, the United States.
Path to find it: Browsing this book indicates that it is hard to generalize on this
question as the U.S. and E.U. have different statutes, regulations, and cases on
various aspects of the “anonymous speech” issue. But the following quote on
page 5 is interesting: “Despite a few small clouds on the jurisprudential horizon,
in the U.S. (although, perhaps, all of a sudden, not in the European Union) the
formal legal protection of the right to anonymous speech is at an all-time high.”
16. The Board of Investment of Thailand permits a foreigner to obtain a permanent
residence permit in Thailand if such foreigner purchases, and holds for at least
five years, a condominium in Thailand worth at least a certain amount. What is
the minimum purchase price that such foreigner must pay in order to be eligible
for a Thai permanent residence permit under this program?
8 million Baht (approximately US $220,000) – plus 6 million Baht for the
person’s spouse and 2 million Baht for each child under 20 years old.
Path to find it: The relevant section is “Labour and Nationality Laws” (begins at
60-001). The relevant information is on page 81,423 (60-032) under the heading
Resident.
17. According to this book, did the transfer of the sovereignty over Hong Kong from
the United Kingdom to the People’s Republic of China on July 1, 1997 (the
“Handover”) have any impact on the insolvency laws of Hong Kong?
No.
Path to find it: The general overview on Hong Kong Law (HK-6) mentions that
Article 8 of the Basic Law preserves the validity of Hong Kong’s existing laws
prior to the Handover.
18. According to this book, what is the minimum age to obtain a driver’s license in
South Korea?
18
Path to find it: In the table of contents (“Category/Topic”) for “Republic of Korea
Law Digest”, find the heading Transportation and the sub-heading Motor
Vehicles. Then, turn to page 18 as indicated and find the answer in the second
sentence under the relevant heading.
19. According to this book, what is the rate of tax of the zakat (an Islamic direct tax
on property and income) in Saudi Arabia?
2.5%
Path to find it: Section 3.1 on page 830.
20. According to this book, in determining what is patentable in Tanzania, Tanzanian
law follows exactly the law of what other country?
United Kingdom
Path to find it: Section 164:7, on page 164-2.
21. According to this book, what is “negotiorum gestio”?
Management of the affairs of another without the principal’s mandate or consent.
Path to find it: Look for “Negotiorum Gestio” in the table of contents or index.
Find the page where the relevant section begins and read it.
22. What is the first recommended book under the heading “Where to Start” for
conducting research on Antarctica?
The Antarctic Legal Regime. Christopher C. Joyner and Sudhir K. Chopra, eds.
Dordrecht, The Netherlands: Nijhoff; Norwell, Mass.: Kluwer, 1988.
Path to find it: Look in the Index for “Antarctica”. The index refers the reader to
Chapter IV. Now go to the Table of Contents. Chapter IV (“Subjects”) includes
a sub-chapter on Antarctica, which begins on page IV-21. The “Where to Start”
section (3.01) begins on page IV-22.
23. What was the cause of the political crisis in Nauru in July 2002? What happened
in May 2005 and July 2005 in regard to this matter?
President Harris unilaterally recognized the People’s Republic of China, thus
ending 22 years of diplomatic relations with Taiwan. In May 2005, the Chinese
government announced that Nauru had switched its allegiance back to Taiwan. In
July 2005, it was reported that Taiwan was to pay the outstanding salaries of some
1,000 workers from Kiribati and Tuvalu, who had remained stranded on Nauru
since the island’s financial crisis had resulted in the government’s inability to pay
their wages.
Path to find it: Browse through the “Introductory Survey” section on Nauru, and
find the relevant information near the bottom of page 3242.
24. According to this book, what was a significant factor in the decision to retain
much of the civil law system in the State of Louisiana?
Several factors are discussed in the chapter on Louisiana law. On page 260, there
is the following statement: “The American authorities did wish to impose the
common-law system on the new territory. However, the weight of the French and
Spanish culture, the sheer size of the European population as compared to the
American, was the major variable in preventing the complete triumph of the
common-law system”.
Path to find it: Look for “Louisiana” in the table of contents or index, and then
read the parts under the most promising headings such as “Retention of Private
Civil Law” (page 260) and “Justification for Retention of Civil Law” (page 266).
25. Give one example in this book where the author makes a comparison between the
law of one country and that of another on the same or similar subject matter.
Countries in Europe that have adopted “Bad Samaritan” laws (i.e., laws that make
it a crime not to help the imperiled when one could help them at very little cost to
oneself) – France, Germany, Belgium, Netherlands, Portugal, Russia – versus the
United Kingdom and the United States (with the exception of Massachusetts,
Minnesota, Rhode Island, Vermont, and Wisconsin) which do not have such laws.
Path to find it: Browsing the book, particularly the footnotes, is a useful method.
The example given above is on page 40.
26. According to the Appeals Chamber of the Special Court for Sierra Leone, up to
what age does the recruitment or use of an individual for active participation in
hostilities violate international law?
14
Path to find it: The relevant information can be found on page 19. One effective
way to find the information is to look in the index at the back of the books under
the heading “Sierra Leone – Special Court for” and turn to the pages recited there.
27. According to the author, what “shift” took place during the 19th century which
caused treaties with indigenous peoples to be regarded as “domestic” matters
rather than “international” obligations.
Indigenous peoples were not considered sovereign entities anymore; thus, treaties
with indigenous peoples were suddenly regarded as domestic matters rather than
issues concerning international obligations.
Path to find it: The relevant information is in Chapter 2 (“Means of
Extinguishment”) in part A (“The Extinguishment of Indigenous Territorial
Sovereignty by Colonial Treaties”), on page 43.
28. According to the relevant UNIDROIT principle, when a contract is drawn up in
two or more language versions which are equally authoritative, in the case of a
discrepancy between the versions, which version should be given preference?
The version in which the contract was originally drawn up.
Path to find it: The relevant section is in Chapter 4 (“Interpretation”), Article 4.7
(“Linguistic Discrepancies”). It is on page 244.
29. According to the author, what 5 countries are most often “short-listed” as
potential new permanent, veto-possessing members of the United Nations
Security Council?
Brazil, Germany, India, Japan, South Africa.
Path to find it: Look at the table of contents and notice the chapter “The Promise
and the Peril of the Twenty-first Century”. Browse this chapter and find the
answer on page 250.
30. Did you find any interesting or useful information in this book? If so, what?
(Subjective question)
31. The author describes four “schools of thought” on space weaponization. Which
school of thought do you most agree with?
(Subjective question)
Path to find it: The relevant part of the book is Chapter 5: “The Weaponization of
Space”. The four schools of thought are described on pages 131-136.
32. According to information provided in this book, what is the “traditional” Chinese
attitude toward the concept of the “rule of law”?
Very negative (with the exception of certain philosophical schools in traditional
China, particularly the Legalists) -- A ruler who governs by the “rule of law” is
admitting the loss of virtue and the breakdown of the system of education. Li
(propriety/virtue) is associated with Confucius, whereas fa (law) is associated
with the harshly despotic Ch’in dynasty which united the Chinese world under the
control of a centralized bureaucratic empire in the third century B.C.
Path to find it: The relevant section is “Introductory Note on China and the Role
of Law in China” (begins on page 102). The relevant part is on pages 102-112.
33.
According to the author, the European Court of Human Rights suggests that
children must be of a certain minimum age to be proselytized (for example, in
Ciftci the court held that requiring children to have finished primary education
before attending Koranic classes was aimed at their acquisition of a certain level
of maturity before making religious choices). What is the author’s attitude
(supportive or critical) toward the ECHR’s position in this matter?
Critical
Path to find it: In the Table of Contents, find “Chapter 6: The ECHR” and, under
that, “Section 3: Freedom of Religious Choice” and “Meaning of Coercion for
Children”. The relevant discussion is on page 215.
34.
What possible solutions does the author recommend to address the phenomenon
of “Internet shaming”?
The author recommends education to create new social norms respecting privacy.
Legally: put more emphasis on privacy interests at the expense of free speech
interests.
Path to find it: The author provides some possible (but perhaps very limited)
solutions in the final chapter, “Conclusion: The Future of Reputation”.
35.
Find, from within this collection of documents, a diplomatic letter from the
United States Embassy to the German Ministry of Foreign Affairs. Briefly
summarize the contents of the letter.
Path to find it:
36.
Find two examples – (1) of a country for which the burden of proof of showing
sanity/insanity (or legal capacity/disability, etc.) is on the prosecution and (2) of a
country for which such burden of proof is on the defense counsel.
Path to find it:
37.
Briefly describe the legal/constitutional issue in the “bleeding Madonna” case in
Italy.
Path to find it:
38.
According to information contained in this book, into which caste is a new
convert to Hinduism placed?
Path to find it:
39.
Which six countries are named by this book as common countries of origin of
disabled children who are exploited for street begging, often in tourist areas?
Path to find it:
40.
According to this book, what company was victimized by an Internet “pharming”
scheme in 2006?
Path to find it:
41.
According to this book, what are the three criteria that can be used to measure the
effectiveness (or lack thereof) of international environmental law?
Path to find it:
42.
According to this book, from among Mexico, New Zealand, Philippines, Russia,
and Switzerland, only one of those countries has its own general legal citation
practice manual. Which country is it?
Path to find it:
43.
What was the ultimate court decision (at the end of various appeals and reversals)
in the so-called “Nuremberg Files website” court case?
Path to find it:
44.
Summarize something from this book that you found interesting.
(Subjective question)
45.
Summarize something from this book that you found interesting.
(Subjective question)
46.
Summarize something from this book that you found interesting.
(Subjective question)
47.
Summarize something from this book that you found interesting.
(Subjective question)
48.
Summarize something from this book that you found interesting.
(Subjective question)
49.
Summarize something from this book that you found interesting.
(Subjective question)
50.
Summarize something from this book that you found interesting.
(Subjective question)